quick reference chart and annotations for determining immigration ...

Introduction
Note to Immigration Attorneys: Using the Chart. This chart was written for criminal defense
counsel, not immigration counsel. It represents a fairly conservative view of the law, meant to
guide criminal defense counsel away from potentially dangerous options and toward safer ones.
Thus immigration counsel should not rely on the chart in deciding whether to pursue defense
against removal. An offense may be listed as an aggravated felony or other adverse category
here even if there are strong arguments to the contrary that might prevail in immigration
proceedings. For a more detailed analysis of Ninth Circuit law, see cited sections of Defending
Immigrants in the Ninth Circuit (www.ilrc.org, 2009) and other works in Note “Resources.”
The Chart can provide guidance as to the risk of filing an affirmative application for a noncitizen
with a criminal record. The Notes are concise and basic summaries of several key topics.
1. Using the Chart and Notes. The Chart analyzes adverse immigration consequences that
flow from conviction of selected Arizona offenses and suggests how to avoid the consequences.
Endnote annotations discuss each offense in greater detail. The Chart appears organized
numerically by code section.
Several short articles or “Notes” provide more explanation of selected topics. These include
Notes that explain the Chart’s immigration categories, such as aggravated felonies and crimes
involving moral turpitude, as well as those that discuss certain kinds of offenses, such as
domestic violence or controlled substances.
2. Sending comments about the Chart. Contact us if you disagree with an analysis, see a
relevant new case, want to suggest other offenses to be analyzed or to propose other alternate
“safer” pleas, or want to say how the chart works for you or how it could be improved. Send
email to AZchart@ilrc.org. This address will not answer legal questions. For consultations,see
information about obtaining legal consults on cases “contract services” at www.ilrc.org.
3. Need for Individual Analysis. This Chart and Notes are a summary of a complex body of
law, to be consulted on-line or printed out and carried to courtrooms and client meetings for
quick reference. However, more thorough individual analysis of a defendant’s immigration
situation is needed to give competent defense advice. For example, the defense goals for
representing a permanent resident are different from those for an undocumented person, and
analysis also changes depending upon past convictions and what type of immigration relief is
potentially available. See Note “Establishing Defense Goals.” The Chart and Notes are best
used in conjunction with resource works such as Brady, Defending Immigrants in the Ninth
Circuit (citations to specific sections are included throughout these materials) or Tooby,
Criminal Defense of Immigrants, and/or along with consultation with an immigration expert.
See Note “Resources.”
Ideally each noncitizen defendant should complete a form such as the one found at Note
“Immigrant Client Questionnaire,” which captures the information needed to make an
immigration analysis and is a diagnostic aid. Some offices print these forms on colored paper, so
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